PARLIAMENT INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
THAT GIRL IN MIAMI, INC., A FLORIDA CORPORATION, APPELLEE
PER CURIAM.
After an insurance company was sued by its insured, immediately prior to trial it made an offer of judgment pursuant to Rule 1.442, R.C.P., which was accepted and a judgment was entered in accordance with the offer. The insured then moved for and received attorney’s fees pursuant to Section 627.428, Florida Statutes (1975), and the company appealed contending that because of the offer for judgment it had no liability for attorney’s fees. We disagree.
The effect of the judgment was res adju-dicata on the issues. Hay v. Salisbury, 92 Fla. 446, 109 So. 617 (1926). If an insurance company wants to make an offer of settlement which includes attorney’s fees, it should do so. In this connection, see: Hernandez v. Travelers Insurance Company, 331 So. 2d 329 (Fla. 3d DCA 1976). In the instant case the insured recovered a judgment against his insurer on a policy. Therefore, pursuant to the terms of Section 627.428(1), Florida Statutes (1975), it is provided that in such instance the insured is entitled to attorney’s fees.
The order under review is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Rondoe Marie Williams v. Jeannine O. Brochu, 578 So. 2d 491 (Fla. 5th DCA 1991)…ted sum whereas a plaintiff, accepting an Offer of Judgment (for damage claims) would still be entitled to an award of taxable costs under section 57.041, Florida Statutes. We note that while Parliament Insurance Company v. That Girl in Miami, Inc., 377 So. 2d 1011 (Fla. 3d DCA 1979), involved an [*494] offer of judgment pursuant to Rule 1.4424 which was accepted, the Third District held that the offer did not include attorney’s fees which the plaintiff insured was entitled to recover from the defendant insure…
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Brown v. Brown, 432 So. 2d 704 (Fla. 3d DCA 1983)…e of fraud and the diligence with which such was unearthed and proceeded on.’ ” Moore & Rogers, supra at 659 (footnote omitted). . Cases upholding the dismissal of post-judgment motions under the rule as untimely, see, e.g., Bernstein v. Bernstein, 377 So. 2d 1011 (Fla. 3d DCA 1979), or granting relief pursuant to a timely motion under the rule, see, e.g., DeMaggio v. DeMaggio, 317 So. 2d 848 (Fla. 2d DCA 1975), are inapposite to the present inquiry. . The only case cited in Alexander is Corrigan v. Corrigan…
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Encompass Inc. v. Alford, 444 So. 2d 1085 (Fla. 1st DCA 1984)…ng the offer, is not pre- [*1087] eluded from seeking attorneys fees to which he may be entitled by statute. See Wisconsin Life Insurance Company v. Sills, 368 So. 2d 920 (Fla. 1st DCA 1979); Parliament Insurance Company v. That Girl In Miami, Inc., 377 So. 2d 1011 (Fla. 3rd DCA 1979); cf. Hernandez v. Travelers Insurance Company, 331 So. 2d 329 (Fla. 3rd DCA 1976). We next determine whether Encompass qualified for attorney’s fees as a “prevailing” party under Section 713.29 which provides: In any action bro…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hay v. Lyman A. Salisbury and Ruth Salisbury, 92 Fla. 446 (Fla. 1926)
- Crute v. State, 109 So. 617 (Ala. Ct. App. 1926)
- Hernandez v. Travelers Ins. Co., 331 So. 2d 329 (Fla. 3d DCA 1976)